This Domain Registration Agreement (hereinafter referred to as the "Agreement") is entered into BY AND BETWEEN
Indialinks Web Hosting Pvt Ltd (as the sponsoring registrar, or acting as reseller for the sponsoring registrar identified
in the WHOIS record which may be retrieved here)
(hereinafter referred to as the "Registrar"), a company incorporated under the laws of India;
You (hereinafter referred to as you, your or "Registrant"). If you are not an individual and are entering into
this Agreement for and on behalf of any person, company, organisation or any other legal entity, you represent that
you have the necessary authority to bind such person, company, organisation or legal entity to these terms and conditions,
in which case the term "Registrant" shall refer to such person, company, organisation or legal entity.
Registrar and Registrant may be referred to severally as the "Party" and collectively as the "Parties".
This Agreement explains Registrar's obligations to You, and Your obligations to the Registrar in relation to each
Domain Name You have registered through or transferred to Registrar, directly or indirectly, whether or not you have
been notified about Registrar.
This Agreement will become effective when the Term of your domain name begins with the Registrar and will remain in
force until the domain name remains as an active domain name with the Registrar.
The Registrar may elect to accept or reject the domain name application for any reason at its sole discretion, such rejection
including, but not limited to, rejection due to a request for a prohibited Order.
WHEREAS, the Registrar is authorised to provide the domain registration and management services for various domain extensions
as more specifically set out in EXHIBIT-A of this Agreement;
WHEREAS, the Registrant is the owner of the registration of the Domain Name and intends to avail all or any of such services
from the Registrar as per the terms and conditions of this Agreement.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES SET FORTH HEREIN, THE PARTIES HEREBY legally AGREE AS FOLLOWS:
Payment of fees shall be governed as per the payment terms and conditions set forth in Exhibit B.
Registrant/Resellers/Customers shall be responsible for all the applicable taxes including service tax, sales tax,
Income tax and all other taxes,levies and duties whether international, national, state or local, as may be applicable with
respect to this Agreement and the Domain Name Services.
- Representations and Warranties of the Parties
- The Parties represent and warrant that:
- they have all requisite power and authority to execute and perform their respective obligations under this Agreement;
- this Agreement is a valid document and constitutes a legal, valid and binding obligation, enforceable against the Parties in
accordance with the terms and conditions thereof;
- the execution, delivery and performance of this Agreement and the consummation of the transactions contemplated herein by the
Parties will not in any way conflict with, affect or violate:
- any provision of law, rule, or regulation or any order, judgment, or decree;
- any provision of corporate by-laws or other documents or agreement; and
- any agreement or any other instrument.
- Representations and Warranties of the Registrant
- The Registrant represents and warrants that:
- it has read and understood each and every clause of this Agreement;
- it is willing to enter into this Agreement independently and without relying on any representation, agreement, guarantee or statement
other than as set forth in this Agreement;
- it is eligible to enter into this Agreement according to the laws of his/its country;
- it has not done and agrees not to do any act that may affect the Registrar or Service Providers or the provisions of this Agreement
in any way whatsoever;
- the details in respect of the Domain Name/s submitted to the Registrar are true and correct, and that any future additions,
modifications or alterations to those details will be true and correct and updated at all times;
- That it has not previously submitted a domain name application (for the same Domain Name applied for with the Registrar) for
registration with another registrar or Registry Operator.
- Neither the registration of the Domain Name nor the manner in which the Domain Name is, directly or indirectly, used or proposed to
be used infringes or will infringe the legal rights of a third party.
- The execution, performance and delivery of this Agreement has been duly authorized by the Registrant and Registrar;
- No consent, approval, or authorization of, or exemption by, or filing with, any governmental authority or any third party is
required to be obtained or made in connection with the execution, delivery, and performance of this Agreement or the taking of
any other action contemplated hereby;
11. DOMAIN RENEWAL/DELETION POLICY
IndiaLinks provides Domain Name registration services under its own ICANN & .IN Accreditation as well as through other registrars & domain
Registration Service Providers.
Registrant acknowledges that it is the Registrant's responsibility to keep records and maintain reminders regarding the expiry of any Domain Name. As
a convenience to the Registrant, and not as a binding commitment, we may notify, via an email message sent to the contact information associated with the
Domain Name (Reseller and/or Administrative Contact, Registrant contact email address) in our database, about the expiry of the Domain Name. Should
renewal fees go unpaid for Domain Name before expiry date, Domain Name will expire.
1) gTLDS & .IN Domains Names registered under IndiaLinks / DomainSRS as a Domain Registrar.
a) If Domain Name is not renewed till the expiry date,the Domain Name will expire. It will go to into Renewal Grace Period.
You may renew your Domain Name with IndiaLinks ("Registrar") at any time within Renewal Grace Period at normal cost.
Renewal Grace Period varies for different TLDs as below.
Domain Extension | Renewal Grace Period |
COM | 40 days |
NET | 40 days |
ORG | 40 days |
BIZ | 40 days |
INFO | 40 days |
ASIA | 15 days |
MOBI | 15 days |
TEL | 15 days |
NAME | 15 days |
IN | 15 days |
b) Registrant acknowledges that once Domain Name expires, Registrant has no rights/ownership on the Domain Name, or any
information associated with such Domain name, and that ownership of such Domain Name now passes on to the Registrar. Registrar may make
any modifications to Domain Name or any information associated with such Domain Name or may choose to transfer the ownership
of the Domain Name to themselves or to any third party by means of sell, back order or auction at their sole discretion.
Registrar may intercept any network/communication requests to such Domain Name and process them in any manner in their sole discretion.
Registrar may choose to monetize such requests in any fashion at their sole discretion. Registrar may choose to display any appropriate
message, and/or send any response to any user making a network/communication request, for or concerning the said Domain Name.
Registrant acknowledges that Registrar shall not be liable to Registrant or any third party for any action performed under this clause.
Registrar at its sole discretion may allow the renewal of the Domain Name after the Domain Name expiry, and such renewal term will start
as on the date of expiry of the Domain Name, unless otherwise specified, such process may be charged separately at the price then prevailing
for such a process as determined by the Registrar in its sole discretion. Such renewal after the expiry of the Domain Name may not result in
exact reinstatement of the Domain Name in the same form as it was prior to expiry.
If domain name is not renewed in the Renewal Grace Period and provided there is no back-order, sell or transfer of domain name, domain name
would be deleted and will go into Redemption Grace Period.
Registrant acknowledges that certain Registry authorities offer a further period after the Renewal Grace Period during which a Registrant
may renew their domain name before it is available for re-registration by other parties.
If your Domain Name has not otherwise been dealt with by Registrar under the terms of this Registration Agreement, your Domain Name will be
cancelled at the Registry after which you may be eligible for a further 30 day Registry Redemption Grace Period during which you may be able to
redeem your Domain Name by paying to the Registrar the redemption fee. Redeeming a Domain Name is costly, time consuming and generally
a manual process , only the current Registrar of the Domain Name can Redeem the Domain Name.
If You do not redeem Your domain name 3 days prior to the end of the Registry's Redemption Grace Period the Registry will release the Domain
Name and it will become available for registration on a first-come-first-served basis. For redeeming the Domain Name ,it has to be in a fully
paid status.
If the Domain Name is not Redeemed during Registry's Redemption Grace Period, then it would move to the Pending Delete period. In this status,
the Domain Name can not be Redeemed and after this period, the Domain Name would be made available for Registration on a first-come-first-served
basis by the Registry.
Domain would go into Redemption Grace Period upon deletion only under following circumstances :
- Manual deletion of domain name by contacting Registrar's Technical Support.
- System deletion of domain name post Expiry of the Renewal Grace Period and the domain name does not have any backorder against it.
You agree that the Registrar will not be responsible for cancelled Domain Name that you fail to renew before expiry date. In any case, if you
fail to renew the Domain Name till expiry date, additional charges may apply.
Renewal Grace Periods and Redemption Grace Periods vary for different TLDs
2) gTLDS & .IN domains names registered under Accreditation of other registrar
The policy of the registrar as shown in the Whois Record will apply for the Domain Names registered under accreditation of other registrars.
Domain Names must be renewed prior to the expiry date.
3) All other Country-Code Domain Names (ccTLDs) registered through external registrars.
All other Country-Code Domain Names (ccTLDs) registered through external domain registration service providers needs to be renewed prior to
45 days before expiry.
IndiaLinks will not be responsible for cancelled domain names that you fail to renew, either automatically or manually in the time frame
indicated as above.
12. TERMINATION
- This Agreement shall terminate if the term of the Domain name as per clause 8(a) comes to an end or expires
- This Agreement shall be terminated with immediate effect under following circumstances:
- Registrar's contract with the Service Providers for the fulfillment of such Domain Name is terminated or expires without renewal;
- Registrar's contract with the Registry Operator is terminated or expires without renewal;
- Registry Operator ceases to be the Registry Operator for the particular TLD
- of Registrant-Registrant Transfer
- of Registrar-Registrar Transfer
- Upon Termination of this Agreement, Registrar may delete/suspend/transfer/modify the Order and suspend control panel access with
immediate effect, upon the sole discretion of Registrar.
- Neither Party shall be liable to the other for damages of any sort resulting solely from terminating this Agreement in accordance with
its terms, unless specified otherwise.
- The Parties shall fulfill their respective obligations under this Agreement until the termination takes place. All amounts due and
outstanding from the Registrant to the Registrar shall be paid by the Registrant.
13. TRANSFER OF DOMAIN NAME FROM REGISTRANT TO REGISTRANT
- The Registrar may transfer the Domain Name of the Registrant to another registrant under the following circumstances :
- By receiving due authorization from the Registrant and/or their Agent or Authorized Representative in a manner as may be prescribed by
the Registrar from time to time.
- Authorization from the Customer and/or the Reseller in a manner prescribed by Registrar.
- Upon receiving orders/direction from a competent Court or law enforcement agency.
- For fulfilling a decision in a domain dispute resolution.
- In case of any breach of contract by the Registrant.
- In case of termination of this Agreement.
- Registrar learns of any such event, which Registrar reasonably determines would lead to Termination of this Agreement, or would
constitute as Breach thereof.
- The Registrant acknowledges that Registrar cannot verify the authenticity of any information, authorization or instructions received
in Section (13.A.1). Upon receiving such authorization that Registrar in its absolute unfettered and sole discretion deems to be genuine,
Registrar may transfer the Order. Registrar cannot be held liable for any such transfer under any circumstance including but not limited
to fraudulent or forged authorization received by Registrar.
- In the above circumstances the Registrant shall extend full cooperation to Registrar in transferring the Order of the Registrant to
another registrant including without limitation, handing over all data required to be stored by the Registrant, and complying with all
requirements to facilitate a smooth transfer.
- The Registrant's Order may not be transferred until Registrar receives such written assurances or other reasonable assurance that the
new registrant has been bound by the contractual terms of this Agreement (such reason able assurance as determined by Registrar
in its sole discretion). If the Transferee fails to be bound in a reasonable fashion (as determined by Registrar in its sole discretion)
to the terms and conditions in this Agreement, any such transfer maybe considered by Registrar as null and void in its sole discretion.
14. TRANSFER OF DOMAIN NAME FROM REGISTRAR TO REGISTRAR
- The Registrant acknowledge and agree that during the first 60 days after initial registration of the Order, or after expiration of
the Order the Registrant may not be able to transfer the Order to another registrar.
- Registrar may request the Registrant or any other contact associated with the Order for authorization upon receiving a request to
transfer the Order to another registrar. The Registrant agrees to provide such authorization to Registrar. Registrar,
in its sole discretion will determine, if such authorization is adequate to allow the transfer.
- Registrar in its sole discretion may allow the transfer of a domain name away to another registrar, without contacting
the Registrant or any other contact, if Registrar in its sole discretion determines that the transfer request it has received is a
valid transfer request.
- Registrar in its sole discretion may allow the transfer of a domain name away to another registrar, without contacting the Registrant
or any other contact pursuant to the then applicable process and rules of transfer of domain names as laid out by the Registry Operator.
Registrant acknowledges that it is their responsibility to research and acquaint themselves with these rules and any applicable changes
from time to time.
- Registrar may deny or prevent a transfer of an Order to another registrar in situations described in this Agreement including, but not
limited to:
- A dispute over the identity of the domain name holder;
- Bankruptcy; and default in the payment of any fees;
- Any pending dues from the Customer or Resellers' or Registrant for any services rendered, whether under this agreement or otherwise;
- Any pending Domain Dispute Resolution process with respect to the Order;
- If the Order has been locked or suspended by the Customer or Resellers;/li>
- Any situation where denying the transfer is permitted under the then applicable process and rules of transfer of domain names as laid
out by the Registry Operator, Registrant acknowledges that it is their responsibility to research and acquaint themselves with these rules
and any applicable changes from time to time;
- Any other circumstance described in this Agreement;
- For any other appropriate reason;
- The Registrar may at its sole discretion lock or suspend the Order to prevent a Domain Name Transfer;
- Registrar cannot be held liable for any domain name transferred away to another registrar, or for any denial of a transfer,
in accordance with this Section 14 (Registrar-Registrar Transfer).
15. LIMITATION OF LIABILITY
IN NO EVENT WILL REGISTRAR, REGISTRY OPERATOR OR SERVICE PROVIDERS OR CONTRACTORS OR THIRD PARTY BENEFICIARIES BE LIABLE TO
THE REGISTRANT FOR ANY LOSS OF REGISTRATION AND USE OF THE ORDER, OR FOR INTERRUPTIONS OF BUSINESS, OR ANY SPECIAL, INDIRECT,
ANCILLARY, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES RESULTING FROM LOSS OF PROFITS, ARISING OUT OF
OR IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE,
EVEN IF REGISTRAR AND/OR ITS SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
REGISTRAR FURTHER DISCLAIMS ANY AND ALL LOSS OR LIABILITY RESULTING FROM, BUT NOT LIMITED TO:
- LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF AUTHENTICATION INFORMATION;
- LOSS OR LIABILITY RESULTING FROM FORCE MAJEURE EVENTS AS STATED IN SECTION 21 OF THIS AGREEMENT;
- LOSS OR LIABILITY RESULTING FROM ACCESS DELAYS OR ACCESS INTERRUPTIONS; /li>
- LOSS OR LIABILITY RESULTING FROM NON-DELIVERY OF DATA OR DATA MISS-DELIVERY;
- LOSS OR LIABILITY RESULTING FROM ERRORS, OMISSIONS, OR MISSTATEMENTS IN ANY AND ALL INFORMATION OR REGISTRAR PRODUCT(S) PROVIDED
UNDER THIS AGREEMENT;
- LOSS OR LIABILITY RESULTING FROM THE INTERRUPTION OF SERVICE.
If any legal action or other legal proceeding (including arbitration) relating to the performance under this Agreement or
the enforcement of any provision of this Agreement is brought against the Registrar by the Registrant, then in no event will the
liability of Registrar exceed the actual amount paid by Registrant for Domain Name Services Domain Name Services in question.
REGISTRANT ACKNOWLEDGES THAT THE CONSIDERATION RECEIVED BY REGISTRAR IS BASED IN PART UPON THESE LIMITATIONS, AND THAT THESE
LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. IN NO EVENT WILL THE LIABILITY OF REGISTRAR
RELATING TO THIS AGREEMENT EXCEED TOTAL AMOUNT RECEIVED BY REGISTRAR IN RELATION TO THE ORDER.
16. INDEMNIFICATION
- The Registrant, at its own cost and expense, will indemnify, defend and hold harmless, Registrar, Service Providers, Registry
operator, Resellers, and their contractors employees, directors, officers, representatives, agents and affiliates against any and
all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or relating to the
Registered Name Holder's domain name registration and suit, action, or other proceeding brought against them based on or arising from
any claim or alleged claim, of third parties relating to or arising under this Agreement or use of Domain Name Services, this
indemnification obligation will survive the termination or expiration of the registration agreement. Including without limitation :
(1) arising out of any breach by Registrant of this Agreement;
(2) relating to any actions of Registrant, or Registrant's employees, contractees, agents, Customers or any other party affiliated
with Registrant directly or indirectly;
(3) relating to any agreement and terms and conditions with any customer of the Registrant;
(4) relating to Registrant's business;
(5) relating to any action of Registrar as permitted by this Agreement;
(6) relating to any action of Registrar carried out on behalf of Registrant as described in this Agreement.
(7) infringement by the Registrant, or someone else using a Registrar Product with the Registrant's computer, of any intellectual
property or other proprietary right of any person or entity;
However, that in any such case Registrar may serve Registrant with notice of any such claim and upon Registrant's written request,
Registrar will provide to Registrant all available information and assistance reasonably necessary for Registrant to defend such
claim, provided that Registrant reimburses Registrar for its actual costs.
- Registrant will not enter into any settlement or compromise of any such identifiable claim without Registrar's prior written consent,
which shall not be unreasonably withheld.
- Registrant will pay any and all costs, damages, and expenses, including, but not limited to, actual attorneys' fees and costs awarded
against or otherwise incurred by Registrar in connection with or arising from any such identifiable claim, suit, action or proceeding.
- The Registrant indemnifies the Registrar against the costs and expenses incurred in defending or dealing with any claim with respect
to any Domain Name infringing legal rights of third parties (except for claims arising from Registrar.s negligence or breach of the terms
of this Agreement).
17. DISCLAIMER
DOMAIN NAME SERVICES IS PROVIDED ON "AS IS" AND "WHERE IS" BASIS AND WITHOUT ANY WARRANTY OF ANY KIND.
REGISTRAR AND SERVICE PROVIDERS AND REGISTRY OPERATOR EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
REGISTRAR AND SERVICE PROVIDERS AND REGISTRY OPERATOR ASSUME NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES
THAT MAY AFFECT, REGISTRANT'S COMPUTER EQUIPMENT OR OTHER PROPERTY IN CONNECTION WITH REGISTRANT'S ACCESS TO, USE OF, DOMAIN NAME SERVICES.
WITHOUT LIMITING THE FOREGOING, REGISTRAR AND SERVICE PROVIDERS DO NOT REPRESENT, WARRANT OR GUARANTEE THAT (A) ANY INFORMATION/DATA/DOWNLOAD
AVAILABLE ON OR THROUGH DOMAIN NAME SERVICES OR WEBSITE WILL BE FREE OF INFECTION BY MALACIOUS CODES, VIRUSES, WORMS, TROJANS; OR (B) THE
INFORMATION AVAILABLE ON OR THROUGH DOMAIN NAME SERVICES OR WEBSITE WILL NOT CONTAIN ADULT-ORIENTED MATERIAL OR MATERIAL WHICH SOME INDIVIDUALS
MAY DEEM OBJECTIONABLE OR WHICH MAY BE OBJECTIONABLE IN CERTAIN JURISDICTIONS; OR (C) THE FUNCTIONS OR SERVICES PERFORMED BY REGISTRAR AND SERVICE
PROVIDERS WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN DOMAIN NAME SERVICES OR WEBSITE WILL BE CORRECTED; OR (D)
DOMAIN NAME SERVICES WILL MEET REGISTRANT'S REQUIREMENTS OR EXPECTATIONS OR (E) DOMAIN NAME SERVICES WILL BE COMPATIBLE WITH REGISTRANT'S
EQUIPMENTS AND SYSTEMS; OR (F) REGISTRANT RECEIVES NOTIFICATIONS, REMINDERS OR ALERTS FOR ANY EVENT OR TRANSACTION FROM REGISTRAR.
REGISTRAR AND SERVICE PROVIDERS AND REGISTRY OPERATOR MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE SUITABILITY OF DOMAIN NAME SERVICES,
AVAILABLE OR WITH RESPECT TO THEIR LEGITIMACY, LEGALITY, VALIDITY, QUALITY, STABILITY, COMPLETENESS, ACCURACY OR RELIABILITY. REGISTRAR AND
SERVICE PROVIDERS DO NOT ENDORSE, VERIFY OR OTHERWISE CERTIFY THE CONTENT OF ANY SUCH INFORMATION. SOME JURISDICTIONS DO NOT ALLOW THE WAIVER
OF IMPLIED WARRANTIES, SO THE FOREGOING EXCLUSIONS, AS TO IMPLIED WARRANTIES, MAY NOT APPLY TO YOU.
FURTHERMORE, REGISTRAR NEITHER WARRANTS NOR MAKES ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE DOMAIN NAME SERVICES AND
WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
18. INTELLECTUAL PROPERTY
- Subject to the provisions of this Agreement, each Party will continue to independently own his/her/its intellectual property, including
all patents, trade marks, service marks, trade names, domain names, copyrights, trade secrets, processes and all other forms of intellectual
property. Any improvements to existing intellectual property will continue to be owned by the Party already holding such intellectual property.
- The Registrant is prohibited from displaying the ICANN or ICANN-Accredited Registrar logo, or from otherwise representing itself as
accredited by ICANN unless it has written permission from ICANN to do so.
- Without limiting the generality of the foregoing, no commercial use rights or any licenses under any patent, patent application,
copyright, trademark, know-how, trade secret, or any other intellectual proprietary rights are granted by Registrar to Registrant or Customers
or by any disclosure of any Confidential Information to Registrant under this Agreement.
- Registrant shall further ensure that it does not infringe any intellectual property rights or other rights of any person or entity,
or does not publish any content that is libelous, defamatory or illegal while using Domain Name Services under this Agreement.
Registrant acknowledges that Registrar cannot and does not verify to see whether any use of the services by Registrant under this
Agreement infringes legal rights of others.
19. CONFIDENTIAL INFORMATION
- The Registrant acknowledges that during the term of this Agreement, Registrant will continue to have access to Confidential Information
of Registrar and/or its Service Providers. Registrant acknowledges that such Confidential Information is the valuable property
of Registrar and/or Service Providers and is critical to the business operations of Registrar. Registrant acknowledges and
agrees that Domain Name Services and all other information as may be provided by Registrar and/or Service Providers to Registrant shall be
treated as Confidential Information and that Registrant shall not disclose the same to any third party except with Registrar's prior written
permission.
- Notwithstanding the aforesaid provisions, Registrant may disclose Confidential Information where ordered to do so, by any government,
judicial or quasi-judicial authority; provided however, that the Registrant shall in such a case give Registrar a reasonable notice
of any prospective disclosure and shall assist Registrar in obtaining an exemption or protective order preventing such disclosure.
20. RIGHT TO SUBSTITUTE UPDATED AGREEMENT
- During the period of this Agreement, the Registrant acknowledges and agrees that the Registrar may:
- revise the terms and conditions of this Agreement; and
- change the free structure, service levels and Domain Name Services provided under this Agreement.
- The Registrar, or the Registry Operator or any corresponding/designated policy formulating body may revise any of the domain dispute
policies. Any such revision or change will be binding and effective immediately on posting of the revision on the Website. The Registrant
agrees to review the Website and all other URLs referenced in this Agreement, periodically, to be aware of any such revisions.
- The Registrant agrees that, continuing use of the services under this Agreement following any revision mentioned in (a) and/or (b)
above, will constitute as an acceptance of any such revisions or changes.
- The Registrant acknowledges that if the Registrant does not agree to any such modifications, the Registrant may terminate this
Agreement within thirty 30 days of such revision. In such circumstance Registrar will not refund any fees paid by the Registrant.
21. FORCE MAJEURE
Neither Party shall be liable to the other for any loss or damage resulting from any cause beyond its reasonable control (a "Force
Majeure Event") including, but not limited to, insurrection or civil disorder, riot, war or military operations, national or local emergency,
acts or directives or omissions of government or other competent authority, compliance with any statutory obligation or executive order,
strike, lock-out, work stoppage, industrial disputes of any kind (whether or not involving either party's employees), any Act of God, fire,
lightning, explosion, flood, earthquake, weather of exceptional severity, equipment or facilities breakages/shortages which are being
experienced by providers of telecommunications services generally, or other similar force beyond such Party's reasonable control, and acts
or omissions of persons for whom neither party is responsible. Upon occurrence of a Force Majeure Event and to the extent such occurrence
interferes with either party's performance of this Domain Registrant Agreement, such party shall be excused from performance of its obligations
(other than payment obligations) during the first three months of such interference, provided that such party uses best efforts to avoid or
remove such causes of non performance as soon as possible.
22. PUBLICITY
- Registrant shall not create, publish, distribute, or permit any written/oral/electronic material that makes reference to Registrar or
Service Providers or uses any of Registrar's or Service Providers' pending or registered trade marks, service marks and/or trade name/s without
Registrar's prior written consent.
- Registrant gives Registrar the right to recommend/suggest Registrant's name and details to customers and visitors to the Website, and
prospective customers and use Registrant's name in marketing/promotional material with regards to Domain Name Services and Registrar's business.
- Registrant here by agrees with the privacy policy of the Registrar available at
http://www.indialinks.com/legal/privacy_statement.php,
and as may be amended from time to time.
23. GOVERNING LAW AND JURISDICTION
- This Agreement shall be governed and construed in accordance with the laws of India in relation to any legal action or proceedings to
enforce this Agreement. Courts of Mumbai shall have exclusive jurisdiction to deal with disputes arising out of or from this Agreement.
- If any legal proceeding or action relating to the performance under this Agreement or the enforcement of any provision of this
Agreement is brought against either Party hereto, the prevailing Party shall be entitled to recover reasonable attorneys' fees, costs
and disbursements (in addition to any other relief to which the prevailing Party may be entitled.
24. DISPUTE RESOLUTION
- The Parties hereby agree that they intend to discharge their obligations in utmost good faith. They therefore agree that they will, at
all times, act in good faith, and make all attempts to resolve all differences howsoever arising out of or in connection with this Agreement
by discussion. If within fifteen (15) days of the commencement of the discussions the dispute is not resolved the dispute shall be referred
to arbitration in accordance with the arbitration rules under the Indian Arbitration and Conciliation Act, 1996. The arbitral panel shall
comprise of a sole arbitrator appointed as per the provisions of the Indian Arbitration and Conciliation Act, 1996. The arbitration proceedings
shall take place in Mumbai and the language for such proceedings shall be English.
- Notwithstanding the aforesaid provisions of this Agreement, in the event of any breach or apprehended breach by the Registrant of the
provisions of this Agreement, Registrar shall be entitled, in addition to all other remedies, to an injunction, whether interlocutory
or preliminary, restraining any such breach, without recourse to arbitration.
25. BREACH
In the event that Registrar suspects breach of any of the terms and conditions of this Agreement :
- Registrar can immediately, without any notification and without assigning any reasons, suspend / terminate the Registrants access to the
MyIndiaLinks Server.
- The Registrant will be immediately liable for any damages caused by any breach of any of the terms and conditions of this Agreement.
- Registrar can immediately, without any notification and without assigning any reasons, delete / suspend / terminate / freeze the Order.
26. OWNERSHIP AND USE OF DATA
You agree and acknowledge that Registrar owns all data, compilation, collective and similar rights, title and interests worldwide
in the Database, and all information and derivative works generated from the Database.
Registrar, Service Providers and the Registry Operator and their designees/agents have the right to backup, copy, publish,
disclose, use, sell, modify, process this data in any form and manner as maybe required for compliance of any agreements executed by
Registrar, or Registry Operator or Service Providers, or in order to fulfill services under this Agreement, or for any other appropriate reason.
27. DELAYS OR OMISSIONS; WAIVERS
No failure on the part of any Party to exercise any power, right, privilege or remedy under this Agreement, and no delay on the part
of any Party in exercising any power, right, privilege or remedy under this Agreement, shall operate as a waiver of such power, right,
privilege or remedy; and no single or partial exercise or waiver of any such power, right, privilege or remedy shall preclude any other
or further exercise thereof or of any other power, right, privilege or remedy.
No Party shall be deemed to have waived any claim arising out of this Agreement, or any power, right, privilege or remedy under this
Agreement, unless the waiver of such claim, power, right, privilege or remedy is expressly set forth in a written instrument on behalf
of such Party; and any such waiver shall not be applicable or have any effect except in the specific instance in which it is given.
No waiver of any of the provisions of this Agreement shall be deemed to constitute a waiver of any other provision (whether or not similar),
nor shall such waiver constitute a waiver or continuing waiver unless otherwise expressly provided in writing.
28. MISCELLANEOUS
- HEADINGS: The division of this Agreement into sections, sub-sections, headings, appendices, exhibits, extensions and other
sub-divisions are for reference and convenience purpose only and shall not affect or be used in the construction or interpretation
of this Agreement.
- DATES AND TIMES: All dates and times relevant to this Agreement or its performance shall be computed based on the date and time
observed in Mumbai, India (IST) i.e. GMT+5:30.
- NO WAIVER: No waiver by Registrar of any breach of this Agreement shall be a waiver of any preceding or succeeding breach. No
waiver by Registrar of any right under this Agreement shall be construed as a waiver of any other right.
- SURVIVAL: Termination of this Agreement shall not affect those provisions hereof that by their very nature are intended to
survive such termination.
- SEVERABILITY: If any paragraph, sub-paragraph, or provision of this Agreement, or the application of such paragraph,
sub-paragraph, or provision, is held invalid by a court of competent jurisdiction, the remainder of this Agreement, and the application
of such paragraph, sub-paragraph, or provision to persons, or circumstances other than those with respect to which it is held invalid
shall not be affected.
- ASSIGNMENT / SUB-LICENSE: The Parties agree that the Registrar may assign this Agreement to a third party on prior written
notice to the Registrant. The Registrant shall not assign, sublicense or transfer its rights or obligations under this Agreement to
any third person(s)/party without the prior written consent of the Registrar. Registrant agrees that if Registrant licenses the use
of the Domain Name to any third party, the Registrant nonetheless remains the Registrant of record, and remains responsible for all
obligations under this Agreement.
- NO AGENCY: Registrar and Registrant are independent contractors, and nothing in this Agreement will create any partnership,
joint venture, agency, franchise, and sales representative or employment relationship between the Parties. Registrant will not make
any statement, whether on his website or otherwise, that reasonably would contradict anything in this Agreement.
- ENTIRE AGREEMENT: The terms of this Agreement are the entire agreement and understanding with respect to the subject matter
hereof and supersedes all prior discussions or representations between Registrar and Registrant, whether written or oral.
- LANGUAGE: All notices, designations, and specifications made under this Agreement shall be made in the English Language only.
- NOTICE: All notices, requests and other communications to be delivered to any party via email under this Agreement shall be deemed
to have been properly delivered if sent in case of Registrar to the email address mentioned on the Website and in case of the Registrant
to his/its/their respective email address as mentioned at the time of opening the account with the Registrar.
You agree to be bound by rules, policies and agreements of respective domain registries, which may include, but are not limited to,
Top Level Domain Registries and Second Level Domain Registries.
EXHIBIT A : DOMAIN NAME SERVICES PROVIDED BY REGISTRAR
The following domain names extensions can be registered by INDIALINKS WEB HOSTING PVT LTD. in the capacity of REGISTRAR.
- IN (including all 3rd level .IN domains)
IndiaLinks (acting as reseller) uses other ICANN accredited registrars as sponsoring registrar to provide domain registration services
for other domain extensions.
EXHIBIT-B : PAYMENT TERMS & CONDITIONS
- Registrar will accept payment for the Order from the Customer or Resellers through prescribed payment methods on our websites.
- Payments will be considered fully paid when
- Reseller/Customer pays via any prescribed method
- Inform Registrar about the payment mode and domain details.
- Registrar acknowledges the receipt of the payments.
- In the event that a payment made via Credit Card or the payment instrument sent by the Customer or Reseller bounces due to Lack of
Funds or any other Reason, then
- Registrar may immediately suspend Control panel Users' access to the control panel.
- Registrar has the right to terminate this agreement with immediate effect and without any notice.
- Registrar in its SOLE DISCRETION may delete, suspend, deny, cancel, modify, take ownership of or transfer any or all of the Orders
placed of the Registrant as well as stop / suspend / delete / transfer any Orders currently being processed.
- Registrar in its SOLE DISCRETION may Transfer all Orders placed by the Registrant to another Customer, or under Registrar's
account.
- Registrar in its SOLE DISCRETION may levy reasonable additional charges for the processing of the Charge-back / Payment Reversal
in addition to actual costs of the same.
- Registrar shall have the right to initiate any legal proceedings against the Registrant to recover any such liabilities.
EXHIBIT C : .COM/.NET/.ORG SPECIFIC CONDITIONS
If the Order is a .COM/.NET/.ORG domain name, the Registrant, must also agree to the following terms :
1. PROVISION OF REGISTRATION DATA
As part of the registration process, you are required to provide us with certain information and to update this information to
keep it current, complete and accurate. This information includes:
- full name of an authorized contact person, company name, postal address, e-mail address, voice telephone number, and
fax number if available of the Registrant;
- the primary nameserver and secondary nameserver(s), if any for the domain name;
- the full name, postal address, e-mail address, voice telephone number, and fax number if available of the technical contact
for the domain name;
- the full name, postal address, e-mail address, voice telephone number, and fax number if available of the administrative contact
for the domain name;
- the name, postal address, e-mail address, voice telephone number, and fax number if available of the billing contact
for the domain name;
2. DOMAIN NAME DISPUTE POLICY
You agree to be bound by the current Uniform Domain Name Dispute Resolution Policy, available at
http://www.icann.org/udrp/udrp.htm that is incorporated
herein and made a part of this Agreement by reference.
EXHIBIT D : .BIZ SPECIFIC CONDITIONS
If the Order is a .BIZ domain name, the Registrant, must also agree to the following terms :
1. CONDITIONS FOR .BIZ REGISTRATIONS
Registrations in the .BIZ TLD must be used or intended to be used primarily for bona fide business or commercial purposes.
For purposes of the .BIZ Registration Restrictions ("Restrictions"), "bona fide business or commercial use" shall mean the bona fide
use or bona fide intent to use the domain name or any content, software, materials, graphics or other information thereon, to permit
Internet users to access one or more host computers through the DNS -
- To exchange goods, services, or property of any kind;
- In the ordinary course of trade or business; or
- To facilitate the exchange of goods, services, information, or property of any kind; or the ordinary course of trade or business.
Registering a domain name solely for the purposes of selling, trading or leasing the domain name for compensation, or
the unsolicited offering to sell, trade or lease the domain name for compensation shall not constitute a "bona fide business or
commercial use" of that domain name.
2. CERITIFICATION FOR .BIZ REGISTRATIONS
- As a .BIZ domain name Registrant, you hereby certify to the best of your knowledge that the registered domain name will be
used primarily for bona fide business or commercial purposes and not exclusively for personal use or solely for the purposes of
selling, trading or leasing the domain name for compensation, or the unsolicited offering to sell, trade or lease the domain name
for compensation. For more information on the .BIZ restrictions, which are incorporated herein by reference, please see:
http://www.neulevel.com/countdown/registrationRestrictions.html
- The domain name Registrant has the authority to enter into the registration agreement
- The registered domain name is reasonably related to the Registrant's business or intended commercial purpose at the time of registration.
3. PROVISION OF REGISTRATION DATA
As part of the registration process, you are required to provide us with certain information and to update this information to
keep it current, complete and accurate. This information includes:
- full name of an authorized contact person, company name, postal address, e-mail address, voice telephone number, and fax number
if available of the Registrant;
- the primary nameserver and secondary nameserver(s), if any for the domain name;
- the full name, postal address, e-mail address, voice telephone number, and fax number if available of the technical contact for
the domain name;
- the full name, postal address, e-mail address, voice telephone number, and fax number if available of the administrative contact for
the domain name;
- the name, postal address, e-mail address, voice telephone number, and fax number if available of the billing contact for
the domain name;
4. DOMAIN NAME DISPUTE POLICY.
You agree to be bound by the dispute policies in the following documents that are incorporated herein and made a part of this
Agreement by reference.
The Uniform Domain Name Dispute Resolution Policy, available at
http://www.icann.org/udrp/udrp.htm
The Start-up Trademark Opposition Policy ("STOP"), available at
http://www.neulevel.com/countdown/stop.html
The Restrictions Dispute Resolution Criteria and Rules, available at
http://www.neulevel.com/countdown/rdrp.html
The STOP sets forth the terms and conditions in connection with a dispute between a registrant of a .BIZ domain name with any third party
(other than Registry Operator or Registrar) over the registration or use of a .BIZ domain name registered by Registrant that is subject to
the Intellectual Property Claim Service. The Intellectual Property Claim Service a service introduced by Registry Operator to notify a trademark
or service mark holder ("Claimant") that a second-level domain name has been registered in which that Claimant claims intellectual property
rights. In accordance with the STOP and its associated Rules, those Claimants will have the right to challenge registrations through independent
ICANN-accredited dispute resolution providers.
The UDRP sets forth the terms and conditions in connection with a dispute between a Registrant and any party other than the Registry Operator
or Registrar over the registration and use of an Internet domain name registered by Registrant.
The RDRP sets forth the terms under which any allegation that a domain name is not used primarily for business or commercial purposes shall
be enforced on a case-by-case, fact specific basis by an independent ICANN-accredited dispute provider. None of the violations of the Restrictions
will be enforced directly by or through Registry Operator. Registry Operator will not review, monitor, or otherwise verify that any particular domain
name is being used primarily for business or commercial purposes or that a domain name is being used in compliance with the SUDRP or UDRP processes.
EXHIBIT E : .INFO DOMAIN NAME SPECIFIC CONDITIONS
If the Order is a .INFO domain name, the Registrant, must also agree to the following terms :
- Registrant agrees to submit to proceedings under ICANN's Uniform Domain Name Dispute Policy (UDRP) as laid out at
http://www.icann.org/udrp/udrp.htm
and comply with the requirements set forth by Afilias for domain names registered during the Sunrise Period, including the mandatory Sunrise
Dispute Resolution Policy. These policies are available at http://www.afilias.info. These policies
are subject to modification.
- Registrant acknowledges that Afilias, the registry operator for .INFO, will have no liability of any kind for any loss or liability resulting
from the proceedings and processes relating to the Sunrise Period or the Land Rush Period, including, without limitation :
- the ability or inability of a registrant to obtain a Registered Name during these periods, and
- the results of any dispute over a Sunrise Registration.
EXHIBIT F : .IN DOMAIN NAME SPECIFIC CONDITIONS
If the domain name is a .IN domain name, the Registrant, must also agree to the following terms :
1. REPRESENTATIONS AND WARRANTIES
You represent and certify that, to the best of your knowledge and belief :
- neither the registration of the domain name nor the manner in which it is directly or indirectly used, infringes the legal rights of any third
party, breaks any applicable laws or regulations, including discrimination on the basis of race, language, sex or religion, is used in bad faith or
for any unlawful purpose,
- your registered domain name is not contrary to public policy and the content of the website does not violate any Indian Laws.
2. DOMAIN DISPUTE POLICY
You agree to be bound by the dispute policies as decided by the .IN Registry and published at
http://www.registry.in that are incorporated herein and made a part of this Agreement by reference.
3. TERMS & CONDITIONS FOR .IN DOMAIN REGISTRANTS
Additionally, all registrants of .IN domain names will be bound by Terms & Conditions for .IN Domain Registrants located at
http://www.indialinks/legal/terms_for_in_domain_registrars.pdf
which may be amended by .IN Registry from time to time.
Last updated on : 30-September-2018